Terms of Use

In these terms of use (these “Terms”), (i) “we”, “our”, “us,” or the “Company” refers to EF Capital Labs Inc., an entity formed under the laws of Panama (the Company with its Related Persons/Entities as further defined below, each an “EF Party” and collectively the “EF Parties”); and (ii) “you” refers to any person accessing, or using any Services (as defined in Paragraph 2.1 of these Terms) as accessible through, our website www.enhanced.finance (the “Site”), mobile applications or any other applications (collectively referred to as, “Sites”), and “your” shall be construed accordingly.

By accessing the Sites, connecting a Wallet (as defined in Paragraph 2.1 of these Terms) to the Sites or otherwise utilising any of the Services as provided and offered by the Company:

1. (a) You agree to be bound by and to abide by these Terms (which shall be read with our prevailing privacy policy accessible via the Sites), as may be updated from time to time by the Company, on behalf of yourself and any entity you represent, and you represent and warrant that you have the right and authority to do so. The Company reserves the sole right to change these Terms from time to time. In the event of any change, amendment or update to these Terms, you agree to be bound by these Terms, as may be amended, if you accept the updated Terms and/or continue accessing and/or using any of the Sites or the Services after notice that there has been a change, amendment or update, which notice may take the form of alerting you to the “Last Updated” date so that you can determine whether there has been an update since your last review of the Terms, or any other form of notice the Company elects to provide in its sole discretion. If you do not agree to these Terms, please exit the Sites and immediately cease usage of the Sites and the Services.
2. (b) You represent and warrant that (i) in the jurisdiction to which you are subject, you are of legal age to use the Sites or the Services and to create a binding legal and financial obligation for any liability or obligation you may incur as a result of your use of the Sites or the Services; and (ii) you are not a Disqualified Person/Entity (as defined in Paragraph 2.1 of these Terms) or acting on behalf of a Disqualified Person/Entity.

No information contained in or on, and no part of:

1. (a) the Sites;
2. (b) any electronic sites, communication or applications directly or indirectly linked to the Sites; or
3. (c) any other information or document,

shall constitute part of these Terms (unless otherwise stated on the Sites or in these Terms), and no representations, warranties or undertakings are or are intended or purported to be given by any EF Party in respect of any information contained in or on, or through any part of, the items as stated in Paragraphs 1.3(a) to (c) above.

Access to the Sites is intended for and extended only to, and the Services are intended for and extended only to, a person or body corporate who is not a Disqualified Person/Entity.

Accordingly, you are not eligible to access the Sites or use the Services if you are a Disqualified Person/Entity. If you are a Disqualified Person/Entity, or if you are acting on behalf of a Disqualified Person/Entity, you should exit the Sites and cease usage of all Services immediately.

By accepting these Terms, you represent and warrant to each EF Party as follows:

1. (a) you acknowledge and agree that the Tokens with which you are seeking to use, deposit, transfer in connection with your use of the EF Services are not to be construed, interpreted, classified or treated as:
   1. (i) any kind of currency;
   2. (ii) debentures, stocks or shares;
   3. (iii) rights, options or derivatives in respect of such debentures, stocks or shares;
   4. (iv) rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
   5. (v) units in a collective investment scheme;
   6. (vi) units in a business trust;
   7. (vii) derivatives of units in a business trust; or
   8. (viii) any form of investment;
2. (b) you acknowledge and agree that the Tokens do not and are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction and these Terms and the Services do not and are not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction;
3. (c) you acknowledge and agree that none of the Services shall be construed, interpreted, classified or treated as enabling, or according any opportunity to you, to participate in or receive profits, income, or other payments or returns arising from or in connection with any of the Services, or to receive sums paid out of such profits, income, or other payments or returns, solely by virtue of you holding any Tokens;
4. (d) you acknowledge that no regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the Applicable Laws of any jurisdiction, and the provision of these Terms to you does not imply that Applicable Laws have been complied with;
5. (e) you have read and understood all of these Terms and any privacy policy provided through the Sites;
6. (f) any Linked Address provided by you is fully operational, secure and valid;
7. (g) you are not, and you are not acting on behalf of, a Disqualified Person/Entity;
8. (h) you have full power and capacity to accept these Terms and perform all your obligations hereunder and, in the case, where you are accepting these Terms on behalf of an entity:
   1. (i) such entity is duly incorporated and validly existing under the Applicable Laws; and
   2. (ii) you are duly authorised to accept these Terms and procure the performance of obligations hereunder;
9. (i) you:
   1. (i) have read and understood the EF Documentation and accept all risks as may be set out therein or associated with the use of the Sites and the Services, including smart contract risks, market volatility risks and risks associated with hacks, exploits, malfunctions, modifications of transaction data that could affect or result in unsuccessful transactions relating to the EF Services or misuse of smart contracts, scripts and oracles, which may result in a loss of digital assets. Notwithstanding that you may be using a Wallet (being a wallet compatible with the Services) to access and/or use the Sites and the Services, you acknowledge that you bear all risks arising from and/or in connection with any modification of transaction payload data which you may procure or cause, in connection with your use of such Wallet in accessing and/or using the Sites and the Services;
   2. (ii) have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of the Services, cryptographic tokens, digital assets and Tokens (including the EF Supported Tokens), digital ledger-based software systems, digital asset Wallets, the Sites and the EF Services, and other related Token storage mechanisms, Token exchanges, blockchain and distributed ledger technology, and smart contract technology; and
   3. (iii) are fully aware of and understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with (A) any of the Services, the Sites, the EF Parties, the EF Supported Tokens, the EF Services and (B) your use of any of the Services, any digital asset Wallet or user interface used in connection with any of the Services, Linked Address, your provision of any Linked Address, the Sites and any extension of the Sites, and the EF Services and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of any EF Party with respect to the access and/or use of the Sites and/or the Services;
10. (j) these Terms constitute legal, valid and binding obligations on you, which are enforceable in accordance with these Terms, and neither your use of any of the Services, nor purchase, receipt or holding of any Tokens is in breach or contravention of any Applicable Laws in your jurisdiction;
11. (k) (i) you are not a citizen or resident of any jurisdiction in which either the access and/or use of any of the Sites or the Services, nor the exchange, purchase, receipt, or holding of any Tokens is prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected by any Applicable Laws, (ii) you are legally permitted to access and/or use the Sites and the Services in your jurisdiction, including that you are legally permitted to own the digital assets and interact with the Services you use and (iii) you are responsible for ensuring compliance with the laws of your jurisdiction in connection with your access and/ or use of the Services and the Sites, and acknowledge that the Company is not liable for your compliance or non-compliance with any such laws;
12. (l) no consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your access and/or use of any of the Sites and/or the Services, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect and your access and/or use of the Services and the Sites does not constitute, and you do not expect it to result in, a breach, default, or violation of any Applicable Laws or any contract or agreement to which you are a party or are otherwise bound;
13. (m) the Tokens you are seeking to deposit, transfer or otherwise deal with via the Sites or Services have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Laws;
14. (o) you will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or the Sites or otherwise act in a manner that may negatively affect other Users’ experiences when using the Services or the Sites (including by taking advantage of software vulnerabilities or any other act that intentionally abuses or exploits the design of the Services or the Sites);
15. (p) you will not, and will not attempt to, authorise anyone other than you to access and/or use the Sites and the Services using a Wallet owned by you or a blockchain address for which you control the private keys, or otherwise engage in Prohibited Uses (as defined below) of such Wallet; and
16. (q) all of the above representations and warranties are true, complete, accurate and non-misleading from the time of your acceptance of these Terms, and shall be deemed renewed each time you use the Services.

You acknowledge and agree that none of the EF Parties makes or purports to make, and each EF Party hereby expressly disclaims, any representation or warranty in relation to the subject matter set forth in these Terms, including any representations or warranties relating to the Sites, the EF Supported Tokens, the Services or otherwise.

You further acknowledge and accept that by using the Sites and/or the Services:

the EF Parties assume no responsibility for, changes to the EF Services or any of the functions thereof;

the Sites function solely as an interface to communicate your instructional input to the EF Services and to receive output from the EF Services. The Sites merely serve as an interface that may provide information and through which you may direct third-party software who may interact with the EF Services to do so;

you shall not claim, and have no claim, against the Company or any EF Party (i) in respect of, in connection with any change to, or in connection with any failure of, the EF Services or any of the functions thereof; or (ii) in respect of any failure of the Sites or Services to facilitate access to and usage of the EF Services and any of the functions thereof; and

none of the information available on the Sites or in these Terms, or made available to you in relation to the use of the Sites or the Services constitutes any advice, including legal, tax, financial, accounting or trading advice. If you are in any doubt as to the action you should take, you should consult your legal, financial, tax or other professional advisors.

Notwithstanding any other provision in these Terms, to the fullest extent permitted by Applicable Laws, you acknowledge and agree that each EF Party shall in no case be liable to you or any person in relation to:

1. (a) the Sites and the Services, which you agree to access and/or use at your own risk acknowledging that:
   1. (i) the Sites and the Services are provided to you on as “as is” and “as available” basis, and the Company expressly disclaims any and all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. If Applicable Laws require any warranties with respect to the Sites and the Services, all such warranties are limited in duration to sixty (60) days from the date of first use;
   2. (ii) the Site and the Services may experience system failures, unplanned interruptions, hardware or software defects, or other security breaches;
   3. (iii) the EF Parties may not detect, or provide timely notice, of any such failure, interruption, or breach; and
   4. (iv) no EF Party provides any guarantee or warranty in relation to the Sites and the Services, including that such Sites and such Services will be available, meet any performance parameters, or that your use of such Sites and such Services will be uninterrupted, secure or error-free, or will be accurate, reliable, free of viruses or other harmful code, complete, legal or safe.
2. (b) any discontinuation of the Services, which could be discontinued at any time, in the sole discretion of the EF Parties;
3. (c) the EF Services are integrated with the Sites and, in conjunction with the Services, are provided on as “as is” and “as available” basis;
4. (d) use of the Sites, the Services, or any Tokens for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Laws;
5. (e) failure or delay in the operation of the Sites or the Services;
6. (f) failure, malfunction or breakdown of, or disruption to, the operation of any EF Party, the Services, the Sites, the EF Services, any Tokens, or any technology (including smart contract technology) on which any EF Party, the Sites, the EF Services or any Tokens rely or relies upon, due to occurrences of a Fork, Network Attack & Vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;
7. (g) any virus, error, bug, flaw or similar defect adversely affecting the operation, functionality, usage, storage, transmission mechanisms, transferability, tradeability and other material characteristics of the Sites, the Services or any Tokens;
8. (h) decreases or volatility in trading prices or trading volume of any Tokens;
9. (i) failure or unfitness of any of the Services, the Sites, or any Tokens for any specific purpose;
10. (j) loss of possession of the credentials for accessing, or loss or destruction of the private keys of, any Wallet or Linked Address, in any manner and to any extent;
11. (k) any prohibition, restriction or regulation by any Governmental Authority in any jurisdiction of the operation, functionality, usage, storage, transmission mechanisms, transferability or tradability of any Tokens or other material characteristics of Tokens;
12. (l) any prohibition, restriction or regulation by any Governmental Authority in any jurisdiction of the operation, functionality, usage, transmission mechanisms of the Services or the Sites, or other material characteristics of the Services or the Sites;
13. (m) any risks (whether direct, indirect or ancillary) associated with the Sites, the Services, any Tokens, and your access and/or use of the Services; and
14. (n) Transaction Fees (including Protocol Fees) which you may have to pay in connection with your use of the Services.

You acknowledge and agree that you shall access and use the Sites and the Services at your own risk. The risks associated with handling Tokens can be substantial. You should, therefore, carefully consider whether your participation in and/or use of the EF Services is suitable for you in light of your circumstances and financial resources. None of the EF Parties at any point in time assume the risk of Losses arising from or in connection with your use of the Services or the Sites, whether or not such Loss was due to factors beyond your or any EF Party’s control.

In the event of any Loss, hack or theft of Tokens (including the EF Supported Tokens), you acknowledge and confirm that you shall have no right(s), claim(s) or causes of action in any way whatsoever against any EF Party.

You shall be responsible for the reporting requirements under the Applicable Laws in respect of any dealing with Tokens including the reporting requirements in respect of any taxable income derived in connection with the use of Services to the relevant Governmental Authority.

Your relationship with us and the operation and use of Services shall be subject at all times to the Applicable Laws. Any EF Party may take or refrain from taking any action whatsoever, and you shall comply with, and shall do all things required by any EF Party, in order to procure or ensure compliance with Applicable Laws. You acknowledge and agree that no EF Party shall be liable to you as a result of any action taken by any EF Party to comply with Applicable Laws.

You may not use the Services to engage in the following categories of activity (“Prohibited Uses”). The specific types of uses listed below are representative, but are not exhaustive. We may update the Prohibited Uses of the Services from time to time, and you hereby acknowledge and agree that it shall be your sole responsibility to ensure that your use of the Services does not involve a Prohibited Use. By using the Services, you confirm that you will not, and you will not aid, abet, encourage or induce any third party to engage in any of the following activities in any manner utilising the Services, each of which constitutes a Prohibited Use:

1. (a) unlawful activity: activities which would:
   1. (i) violate, or assist in the violation of, any Applicable Laws administered in the countries where the EF Parties conduct business;
   2. (ii) involve proceeds of any unlawful activity; or
   3. (iii) publish, distribute or disseminate any unlawful material or information;
2. (b) abusive activity: actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
   1. (i) transmit or upload any material to the Sites or the EF Services that contains viruses, trojan horses, worms, or any other harmful or deleterious programs;
   2. (ii) attempt to gain unauthorised access to the Sites or the EF Services, or computer systems or networks connected to the Sites or the EF Services, through password mining or any other means;
   3. (iii) use User Information of another User to access or use the Sites or the EF Services; or
   4. (iv) develop any third-party applications that interact with the Sites or the EF Services without our prior written consent;
3. (c) abuse other Users: activities which:
   1. (i) interfere with another User’s access to or use of any of the Services;
   2. (ii) defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (including rights of privacy, publicity and intellectual property) of others, including the EF Parties or their respective representatives, employees, agents, and affiliates;
   3. (iii) incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; or
   4. (iv) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to harvest or otherwise collect information from the Sites or the EF Services, including identification numbers, email addresses, phone numbers, or addresses without proper consent;
4. (d) fraud: activity which operates to defraud Users or any other person, or provide any false, inaccurate, incomplete, or misleading information to any EF Party, including by engaging or participating in “front-running”, “wash trading”, “pump and dump schemes” or similar activities;
5. (e) gaming: gaming activities (including the playing of any game of chance or of mixed chance and skill for money or other consideration) such as:
   1. (i) lotteries;
   2. (ii) bidding fee auctions;
   3. (iii) sports forecasting or odds making;
   4. (iv) fantasy sports leagues with cash prizes;
   5. (v) internet gambling; or
   6. (vi) contests, sweepstakes, or other games of chance for which payment or other consideration is required to participate;
6. (f) intellectual property infringement: any transactions, activities, or actions that:
   1. (i) (whether or not involving items) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Laws, including the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any investment products (including digital assets, fiat currency, securities, commodities, investment or trading products, derivatives, structured products, investment funds, investment portfolios, commodity pools, swaps, securitisations or synthetic products) where the price, return, or performance of the investment product is based on, derived from, or related to any EF Party or any portion thereof, without our express prior written consent;
   2. (ii) modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store proprietary or confidential data or other similar information provided via the Sites or the Services, without our express prior written consent;
   3. (iii) make use of the intellectual property, name, or logo, including use of trade or service marks belonging to any EF Party, without our prior written consent or in a manner that otherwise harms any EF Party;
   4. (iv) reverse engineer or disassemble any aspect of the Services;
   5. (v) access or attempt to access non-public systems, programs, data, or services of any EF Party; or
   6. (vi) implies an untrue endorsement by or affiliation with any EF Party;
7. (g) activity which brings disrepute or is detrimental to the EF Parties: any activity which does or could be expected to bring disrepute upon or be detrimental to the EF Parties, the Services or the Sites;
8. (h) Disqualified Person/Entity: if you are Disqualified Person/Entity, using any virtual private network, proxy service, or any other third party service network or product with the effect of disguising your internet protocol (IP) address or location;
9. (i) prohibited businesses: use the Services in connection with businesses, activities, practices, or items which are prohibited by or in conflict with Applicable Laws;
10. (j) permitting access: permit others to access and/or use the Sites and the Services through your Wallet, User Information or a blockchain address you control or otherwise engage in transactions using the Sites and/or the Services for any person other than the Wallet owner; or
11. (k) breach of these Terms: any activities, inactions or actions that are in breach of or violate these Terms.

You also acknowledge and agree as follows:

1. (a) The Sites or the Services may be subject to exploits. The EF Parties are not responsible for exploits and it is not possible to guarantee that the code is completely free from bugs or errors. Users accept all risks that arise from using the Sites and the Services, including the risk of any funds being lost due to a failure or exploit of the Sites or the Services.
2. (b) You are solely responsible for securing the private keys associated with any Wallet or blockchain address you may use when accessing and using the Services. You understand that anyone who obtains your private keys and access to your device may access your Wallet or a blockchain address controlled with such private keys with or without your authorisation and may transfer any digital assets accessible through your Wallet or such blockchain address.
3. (c) We make no guarantees as to the price or value of any digital asset or Token on any secondary market, including the EF Supported Tokens.
4. (d) Support for the Sites and the Services may be modified or discontinued at any time. The Company reserves the right, at any time, in our sole discretion and without prior notice, to modify the Sites and the Services.
5. (e) In the event of a change to an underlying blockchain network, or other network disruption, resulting in a Fork of the existing blockchain into one (or more) additional blockchains, the Services may not support activity related to any new digital assets or Tokens created as a result of the Fork. In addition, in the event of a Fork, transactions on the network may be disrupted, including transactions involving the EF Services.
6. (f) Public blockchain networks may charge a Transaction Fee for engaging in a transaction on such networks. Such Transaction Fees fluctuate over time depending on a variety of factors, and are in addition to any Transaction Fees expressly referenced in Paragraph 4.2(c). You are solely responsible for paying all Transaction Fees and other fees (including Protocol Fees) associated with transactions you engage in or consummate while using the Services. You are also solely responsible for any other third-party fees that may be incurred in connection with your use of the Services.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY ALL APPLICABLE LAWS, YOU HEREBY AGREE:

1. (A) NO EF PARTY SHALL BE LIABLE FOR ANY LOSS ARISING OUT OF, RELATING TO OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE SITES, OR THE USE, RECEIPT OR HOLDING OF TOKENS BY YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES OF ANY KIND, IN TORT, CONTRACT OR OTHERWISE (INCLUDING LOSS OF REVENUE, INCOME OR PROFITS, OR LOSS OF USE OR DATA), ARISING OUT OF, RELATING TO OR OCCURING IN CONNECTION WITH YOUR USE OF THE SITES OR THE SERVICES, EVEN IF SUCH EF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. ACCESS TO, AND USE OF, THE SITES AND THE SERVICES IS AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM;
2. (B) NO EF PARTY SHALL BE LIABLE FOR ANY LOSS ARISING OUT OF YOUR FAILURE TO KEEP YOUR PRIVATE KEYS OR LOGIN CREDENTIALS TO YOUR WALLET SECURE OR ANY OTHER UNAUTHORISED ACCESS TO OR TRANSACTIONS INVOLVING YOUR WALLET;
3. (C) NOTWITHSTANDING THE FOREGOING PARAGRAPHS 9.1(A) AND 9.1(B), THE AGGREGATE LOSSES THAT ALL EF PARTIES MAY COLLECTIVELY BE LIABLE FOR IN CONNECTION WITH YOUR USE OF THE SITES OR THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) SHALL BE LIMITED TO A MAXIMUM AMOUNT A MAXIMUM AMOUNT EQUAL TO THE AGGREGATE PROTOCOL FEES PAID BY YOU TO THE EF PARTIES FOR THE SERVICES IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE APPLICABLE CLAIM(S) FIRST AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT; AND
4. (D) YOU SHALL NOT ASSERT ANY CLAIMS, ACTIONS OR PROCEEDINGS OF ANY KIND OR NATURE AGAINST ANY EF PARTY UNDER APPLICABLE LAWS UNLESS EXPRESSLY PERMITTED PURSUANT TO THESE TERMS.

To the fullest extent permitted by the Applicable Laws, you shall indemnify, defend, and hold each EF Party and its respective subsidiaries, related companies, affiliates, directors, officers, employees, agents, representatives, successors, and permitted assignees (“Indemnified Persons”) harmless from and against any and all Losses (including reasonable legal fees incurred or those necessary or appropriate to successfully establish the right to indemnification) filed or incurred by any (i) Indemnified Person or (ii) other third party against any of the Indemnified Persons, in each case, that relate to, are in connection with or arise out of (a) your access and/or use of the Site and/or the Services, (b) any breach by you of any provision of these Terms; and/or (c) your violation of Applicable Laws. The relevant Indemnified Person reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to provide indemnification pursuant hereto, and you agree to cooperate in the defense of such claims. You agree not to settle any such matter without the prior written consent of the relevant Indemnified Person or Indemnified Persons. The relevant Indemnified Person will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

These Terms contain the entire agreement and the understanding among the Parties and supersedes all prior agreements, understandings or arrangements (both oral and written) in relation to the access and/or use of the Services or the Sites.

In the event that any EF Party discovers that you, in your access and/or use of the Sites and/or the Services, have engaged in any of the Prohibited Uses or any other unfair, excessive or abusive usage or conduct, the EF Parties reserve the right to take such actions as may be necessary, to the fullest extent possible under Applicable Laws, to protect any EF Party from any Loss.

The use of Services and the Sites shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services or the Sites, including your receipt and holding of Tokens in any jurisdiction (any such taxes, a “Payable Tax”).

You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all Losses, penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.

No EF Party shall be responsible for, or responsible for determining, any Payable Tax attributable to you or declaring, withholding, collecting, reporting or remitting the correct amount of Payable Tax to any Governmental Authority.

These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of Panama.

Subject always to Paragraphs 7 and 9 of these Terms, any claim, suit, or dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally be resolved by arbitration in accordance with the arbitration rules of the Panama, before a panel of three (3) arbitrators. Each of the Parties hereby has the right to appoint an arbitrator, and the two (2) appointed arbitrators shall select the third arbitrator. The panel shall reach its decisions by a vote of a majority. Any claim shall be brought individually on behalf of the person or entity seeking relief, not on behalf of a class or other persons or entities not participating in the arbitration and shall not be consolidated with the claim of any person who is not asserting a claim arising under or relating to this contract. The seat of arbitration shall be Panama and the language of any arbitration shall be English. Judgment on any award rendered by the arbitrators may be entered by any court of competent jurisdiction.

BY AGREEING TO THESE TERMS AND NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH 16 OR ANY OTHER PROVISION CONTAINED HEREIN, YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) BROUGHT BY YOU OR ON YOUR BEHALF THAT RELATES TO OR ARISES UNDER OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY CONTAINED ON THE SITES. YOU FURTHER WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER COLLECTIVE ACTION THAT RELATES TO OR ARISES UNDER OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY CONTAINED ON THE SITES.

If any of these Terms is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms shall continue to be valid and in full force and effect.

The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect these Terms’ legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

We are committed to providing a high-quality level of service to all Users. We appreciate that, from time to time, things can go wrong or misunderstandings can arise. We are committed to dealing with queries and complaints in a clear, fair and timely manner. Where we are at fault, we aim to put things right at the earliest opportunity.

If you would like to leave a query or complaint with us, you may write to us via email at support@enhanced.finance. Please provide your Wallet address, contact information, details of your query or complaint and supporting documents (if any).